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200609581 (ii) The Bankruptcy Court has not ordered and is not expected to order any form of relief, permitted under the United States Bankruptcy Code, against Assignee. (c) Assignee's entering into this Consent and its compliance therewith and with the provisions of the Lease will not constitute a breach or default under, or result in the creation of any lien, charge or encumbrance of Assignee's property or assets other than as set forth in the Lease, or under the terms of Assignee's organizational documents or under any indenture, mortgage, deed of trust or other agreement or instrument to which Assignee is a party or is bound, or under any order of any court or administrative agency entered in any proceeding to which Assignee was or is a party or to which Assignee may be subj ect or by which Assignee was or is or may be bound. The person executing this Consent on behalf of Assignee is duly authorized to do so. (d) Assignee has received and reviewed a copy of the Lease and agrees to be bound fully by the terms and conditions set forth therein. 7. Assignee acknowledges that it is accepting the Premises in its AS IS condition as of the date hereof and agrees that Landlord is not obligated to perform any work, make any alterations or grant any other concessions to Assignee in connection with this assignment, unless otherwise required by the Lease. 8. Section 19 of the Lease is hereby amended to provide that all notices required or permitted by the Lease shall be delivered to Tenant at the following address: DEE JAY'S QSR OF NEBRASKA, INe. P.O. Box 279 Noonan, North Dakota 58765 9. This Consent shall be governed by and construed in accordance with the laws of the State of Nebraska. 10. This Consent may be executed in several counterparts and each such counterpart shall be an original and all counterparts, together, shall constitute a single original Consent. 11. The Lease and this Consent shall constitute one document which incorporates all of the agreements ofthe parties hereto relating to the Lease and the Premises. The Lease shall remain unmodified and in full force and effect except as expressly modified hereby, and the parties hereto reaffirm and ratify the provisions of the Lease as so amended. 12. Indemnification. Sections 8.1(b) and 8.1(c) of the APA are incorporated herein by reference and shall have the same force and effect as though fully set forth herein. (SIGNATURES ON FOLLOWING PAGE) DMEAST #9398484 v4 4